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Ensuring Legal Site Planning

In order to safeguard the planning objectives while the plan is being drawn up the municipality has two instruments at its disposal, the ban on amendments and the deferment of applications for planning permission. These instrument are regulated by sections 14-18 of the German Town and Country Planning Code (BauGB).


Ban on Amendments

Customary disclosure in the official gazette, example: Ban on Amendments no. 126

If a decision has been made to draw up a legal zoning plan, in order to safeguard the planning the municipality can impose a ban on amendments stating that

  • projects, the content of which is the construction, change to, change in use or removal of structures, cannot be conducted;
  • major changes to, or changes that considerably increase the value of plots of land and structures, any changes to which are not subject to authorization, approval, and notification, cannot be executed.

A ban on amendments must satisfy the following conditions and requirements:

  • The decision regarding the drawing up of, amendment to, addition to, or revocation of a legal zoning plan must have been taken and made known in the manner customary in the locality.
  • The ban on amendments must be necessary in order to safeguard plans.
  • A minimum concrete form of the plans to be safeguarded must exist.
  • The city council must adopt the ban on amendments as a by-law.
  • The ban on amendments must be made known in the manner customary in the locality.

The ban on amendments applies for two years after which time it ceases to be in force. The period of validity can be prolonged by one year and, if particular circumstances require, by a further year. In any case the ban on amendments ceases to be in force, as soon as and inasmuch as the legal zoning plan is legally binding.

The respectively valid legally binding bans on amendments of the City of Frankfurt/Main can be viewed in the planning information of the Municipal Planning Authority.
Furthermore, you can download and print out the respectively legally binding bans on amendments and the attendant documents, as well as all areas of validity and procedural data from the digital planning law information system planAS. In planAS the areas of validity of the legally binding bans on amendments appear as darkblue horizontally hatched areas, those in the drawing up procedure as darkblue areas hatched lengthwise.

At present, in the City of Frankfurt/Main no ban on amendments are legally applicable nor are such being prepared.


Deferment of Building Applications

If a ban on amendments is not resolved although the requisite conditions are in place (effective draft resolution and sufficiently firm shape to the plans) then the municipality can insist that building applications be deferred. At the request of the municipality the building authorities must defer the decision about the building application by up to 12 months.